United States v. Angelo Ernesto Sbrocca

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Angelo Ernesto SBROCCA, Defendant-Appellant. No. 92-10669. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 2, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Angelo Ernesto Sbrocca appeals from his conviction, following a jury trial, for one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 ; three counts of distribution of cocaine, in violation of 21 U.S.C. § 841 (a)(1); and four counts of use of a telephone to facilitate a controlled substance transaction, in violation of 21 U.S.C. § 843 (b). Sbrocca contends that the district court erred by denying his motion for judgment of acquittal because the government failed to prove beyond a reasonable doubt that he was not entrapped. He also contends that the district court erred in its jury instructions on…